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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[criminal record] On May 29, 2015, the Defendant was sentenced to a suspended sentence of two years in the period of imprisonment for the crime of embezzlement on duty in the Daejeon District Court's support for the crime of embezzlement, etc., and is still pending in the appellate trial.
[Criminal facts]
1. On June 25, 2015, the Defendant: (a) stated, around 14:00 on June 25, 2015, that “Around 2015, the Defendant would immediately pay the victim’s money to the Defendant in return for the loan of KRW 3 million to the Defendant, who was in the front of the Doluri National Agricultural Cooperative Co., Ltd., the Doluri-ri, Inc., Inc., for the following reasons: (b) the Defendant would pay the victim’s money.”
However, since the defendant had a large amount of debt to be repaid at the time, even if he borrowed money from the injured party, he did not have the intent or ability to repay it, and even if he received money from C, he was thought to use it in another place without paying the victim's debt.
Accordingly, the defendant deceivings the victim and received 3 million won from the victim to the Agricultural Cooperative Account in the name of the defendant D on the same day.
2. On June 30, 2015, the Defendant by phone to the victim B on or before June 26, 2015, saying, the Defendant is to lend KRW 900,000,000,000,000,000,000,000,000,000,000 won.
“.....”
However, due to the fact that the defendant had an obligation to repay rapidly at the time, and the economic situation was difficult, there was no intention or ability to repay the debt even if he borrowed money from the injured party.
Accordingly, on June 30, 2015, the Defendant, by deceiving the victim, received 50,000 won from the victim to the Agricultural Cooperative Account in the name of the Defendant D, and acquired it by deceiving the victim.
Summary of Evidence
1. A protocol concerning the examination of the police officers of the accused;
1. Statement made by the police against B;
1. Previous convictions in judgment: Application of Acts and subordinate statutes reporting the previous convictions and results of confirmation;
1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;
1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.